YEARS HAVE PASSED SINCE THE DIAZ CHEMICAL COMPANY ASSAULTED
the homes, the cars, and the bodies of Holley residents with 2-chloro,
6-fluorophenol. But this particular accident (obvious, publicized, and smelly
as it was) was just one more in a long series of explosions, spills, and
other disasters caused by DIAZ CHEMICAL.

The issue goes far beyond
January 5, 2002 and 2-chloro, 6-fluorophenol. There are diminishing few who
still do not see this. But the Attorney General of the State of New York certainly
does.

I have in front of me a
69-page report entitled “NEW YORK UNDER A CLOUD: The Need to Prevent Toxic
Chemical Accidents.” It is grim reading.

The poster child of this
book is Holley, New York.

Yes, Holley is featured
prominently in this report. Page 19 presents a map of Holley, and a
calculation of how, if the wind blows even an extremely gentle 3.4 miles per
hour, a major toxic release by DIAZ CHEMICAL would kill the lot of us in
minutes.If you like, you can look to
see exactly where your house is on this map. All the schools are there, too.
The caption reads, “Holley Primary, Intermediate, and Jr./Sr High Schools; 1300 attendees. Approximately 1 mile
away from Diaz.” And every child there could be dead before you could even
get to them.

Says the report: “The
message is clear: a toxic cloud can arrive in a matter of seconds while
implementation of protective measures requires many minutes or even hours.”
(p 19)

You may be wondering who
authorized and published this report. The answer is, Robert Abrams, our
previous Attorney General, of New
YorkState.

The report was issued
May, 1989.

So 13 years later,
something happens.Fortunately, the
January 5, 2002 explosion did not involve bromine, a chemical DIAZ has a long
history of handling 20 TONS at a time. If it had been bromine, I would not be
alive to write this.

Holley has been working
without a net since 1974, when Diaz came to town. Just because we are still
alive does not mean the danger is over. Diaz has been given time to clean up
its operation.It has not. It has been
given time to clean up its factory.It
has not. Diaz has been given time to clean up the neighborhood.It has not. A village-blanketing chemical
explosion, sadly enough, is what it took to fully wake everyone up.

This is why the January
5, 2002 Diaz disaster was so important, and Diaz knows it.Sources tell me that the very night of the
explosion, Diaz bosses were heard saying, “They are going to sue us. They are going to sue us.”

Correct.

So Diaz, like any
cornered animal, lashes back. It summarily fires its workers, rather than
gainfully employ them to clean up. Diaz owes nearly $50,000 in unpaid local
and school taxes and fines, and yet Diaz hires lawyers and pays out enormous
legal fees in a futile attempt to evade justice.

And then DIAZ goes and
sues its victims. For as little as $8.42! Yes, a corporation with over 15
million dollars in annual sales sues in Federal court for 8 bucks, saying
that the people driven from their homes “conspired to defraud” Diaz. Other
displaced Holley residents are being sued for small amounts as well. (Index
Number 02-CV-0357(S), page 19, Second Counterclaim, December 30, 2002,
sections 112-115.)

And all this by a
corporation that owes almost 50 grand in unpaid local and school taxes.

Diaz’s counterclaim was
filed late, contrary to the judge’s order, and should be rejected simply for
that.You can be sure if the citizen’s
attorneys filed papers late, or the Attorney General filed papers late, that
Diaz would certainly pull every string to get them dismissed.

But it does not
matter.Even if Diaz’s ridiculous and
tardy counterclaim is accepted, it will be tossed out for lack of merit. In
it, DIAZbasically says:

“We did not do it; and if
we did do it, we did not hurt anyone; and if we did hurt anyone, the statute
of limitations says we cannot now be sued for it.”

Oh?

Tell it to the Attorney General,
Mr. Cliff “Not Me, Not Now” Jenney.

The Attorney General says,
"the history of recurring spills and releases at the Diaz Plant,
including the January 2002 Explosion, constitute repeated illegal
acts and persistent illegality." (Paragraph 4, New YorkState's March 8, 2002 complaint). http://www.doctoryourself.com/diaz3.html

The Attorney General puts
drug kingpins and Mafia dons in jail. There is nowhere Diaz can hide any
more, and that includes West Memphis,
Arkansas.The EPA is a federal agency, and they will
see you in court in any state you choose.

Diaz
can no longer run nor hide.It does not matter if they stay or if they
leave.If they stay, they pay.If they leave, we breathe. Either way, the
next task is to thoroughly clean up the DIAZ factory site of its 28 years of
toxic waste.It is a big job.But then, like their court papers, they did
make a big mess of it.

Bank Sues to Collect $4.1 Million
by Arkansas Business
Staff - 11/26/2007

“Bank of America is suing two businessmen
who ran a West Memphis
company in an attempt to collect $4.1 million.

“Theodore
M. Jenney of Holley,
N.Y., and Stanley J. Chiras of Florida
are the principals of Diaz Intermediates Corp., which produced chemicals that
were supplied to Tetra Industries and other agriculture and pharmaceutical
clients.

“In September 2002, the company borrowed
$6.5 million and eventually went out of business.

“But
Jenney and Chiras had
each signed guarantees for half of the unpaid principal, plus any interest,
court costs and other fees if Diaz defaulted on the loan. In January, the
bank notified the two businessmen that the loan was in default. In May, BOA told Jenney
and Chiras to pay off the loan, but they didn't.

“The bank has sued in U.S. District Court
to collect the money.

“Chiras couldn't
be reached for comment. Jenney, reached at
his home in New York, blamed the bank for the company's problems.

“"All I can tell you is [Bank of
America] took over the company and drained all the cash out of it and ruined
its viability," he said. "They wanted
their money back. And they didn't get it back."

“He said the plant closed in August 2006.

“Jenney said Diaz wasn't in financial trouble when it
defaulted on the loan. He added that he "couldn't answer too much"
about the company's financial situation.

“In 1997, Diaz announced it was building a
$4.5 million plant on 2 acres in West
Memphis. The company cited a warm reception and a
good rapport with city officials and business leaders as reasons for choosing
CrittendenCounty.”

The lawsuit was filed May 18, 2007. Details at

BUFFALO -
The trustee representing creditors of the bankrupt Diaz Chemical has filed an
"adversarial proceeding" against a Diaz sister company, and its owners,
seeking they pay creditors for assets that Diaz transferred to Diaz
Intermediates, a company that opened in 1998 in West Memphis, Ark.

The
trustee, in a complaint filed June 22, also alleges Diaz, behind the
leadership of Ted Jenney, his son Clifton Jenney and Stanley Chiras,
passed on Diaz technology, confidential trade secrets and other

proprietary information to Diaz Intermediates. That allowed the West Memphis facility
to make products similar to Diaz's, yet be beyond the reach of Diaz creditors,
attorney Lawrence Brown argued in court papers on behalf of trustee John Ring
III, who's seeking to recoup more than $1.4 million for creditors.

"What
occurs essentially is a company ends up with the technology, the trade
secrets and goodwill and runs with it," Brown told The Daily News.

Diaz
listed $1.4 million owed to creditors in bankruptcy papers, but Brown said
that figure "is a little light" with the amount due to creditors
much more. He didn't put a price on the tally. The federal Environmental
Protection Agency is seeking reimbursement for the money it is spending
testing and attempting to remediate the former Diaz plant and its neighboring
properties. The EPA said it could spend $6 million cleaning up after Diaz.
The chemical plant is a federal Superfund site.

Diaz
operated in Holley for 30 years before declaring bankruptcy in June 2003. The
company had been sued by the state attorney general's office after a chemical
leak into the community Jan. 5, 2002. Diaz released

about 80 gallons of 2-chloro-6-fluorophenol and toluene, which
are classified as extremely hazardous substances under the federal Clean Air
Act.

Diaz
officials stated to the Bankruptcy Court the company spent $882,810 in
cleanup costs, hotel bills and other expenses for Holley residents after the
2002 leak. Those costs drained the company's cash reserves, Diaz officials
told the Bankruptcy Court.

In the AG
lawsuit, Diaz owners repeatedly refused to provide financial records, saying
the data contained confidential information about its suppliers, the raw materials
purchased to create products, its customers,

and products sold to customers, Brown states in the complaint in
Bankruptcy Court.

But Brown
said the company shared that same information with Diaz Intermediates, which
Diaz Chemical VP Clifton Jenney told the court was
a

separate company, even though Chiras and
the Jenneys also are among the leaders of Diaz
Intermediates.

Diaz
Chemical received little, if any, financial remuneration for sharing its
trade information, as well as equipment, with Diaz Intermediates, Brown told The Daily News. By not receiving
compensation for the information and technology given to Diaz Intermediates,
Diaz Chemical's leaders mismanaged the company, breached their fiduciary
duties to the company's shareholders, and dissipated the corporation's
assets, Brown said in the court filing.

Diaz
Intermediates should be forced to pay the value of the assets it acquired
from Diaz Chemical, Brown said. He wants the court to have a trial to
determine the value of the trade secrets, customer lists, technology and
other assets Diaz transferred to the Arkansas
facility.

Diaz
Intermediates, Chiras and the Jenneys
should then compensate the bankrupt estate of Diaz Chemical for those assets,
so the debtors can be paid, Brown said.

(end)

AND DON’T FORGET:

YES, THERE CERTAINLY WAS A CRIMINAL INVESTIGATION
OF DIAZ CHEMICAL

(November, 2004)

Responding to my letter published
in the Suburban News of Oct 17, 2004, a reader wrote (Oct 31) that she
was "deeply bothered" by "implication that Diaz's owners
and/or Diaz Arkansas (aka Diaz Intermediates, or
"DINT") are subject to criminal investigation," and termed my
letter "misleading." The reader appears to be one of the people who
find it singularly difficult to accept that Diaz Chemical is indeed under
Federal criminal investigation. This has been verified for the record by
the US EPA at the
recent October 5 public meeting in Holley,
NY, a meeting that the reader
evidently failed to attend. There, EPA made the specific public statement
that there "is an ongoing criminal investigation" (EPA's words) of
Diaz Holley and Diaz Arkansas.

This investigation has
been "ongoing" for much longer than most people realize. Over a
year ago (Sept 2003), a two-page statement from the office of Michael A.
Battle, United States Attorney for Western NY, asserted that a "criminal
investigation" of Diaz was underway.

Furthermore, there is
correspondence (January 16, 2004) between the US Department of Justice and US
Bankruptcy court in which the US
Bankruptcy Trustee, John Ring III, states: "I would like to bring a
fraudulent conveyance action against Diaz of Arkansas." In court papers (US
Bankruptcy Court, Case 1-03-14769), Mr. Ring's attorney, Lawrence C.
Brown, states that Diaz' "operations were established in circumstances
which the Trustee believes to be questionable, involving the use of the
assets of the Debtor (Diaz Holley) to obtain credit for and to support Diaz
Intermediates' (Arkansas) operations." (p. 3)

A February 12, 2004
letter from Trustee Ring to the EPA, Department of Justice, and the US Attorney General's office discusses hiring
a special counsel specifically for "Adversary Proceedings against
Diaz of Arkansas."

That the reader is
"deeply bothered" by such documentation is understandable. But
whether we like it or not, these are the unpleasant facts of the matter.

DIAZ OWES EVERYBODY:
BANKRUPTCY PAPERS REVEAL ALL

(July 23, 2003)

DIAZ CHEMICAL COMPANY owes its own attorneys nearly
$300,000. Diaz hasn't paid their phone bills, their electric bills, their
company physician, or even LakesideMemorialHospital.
Diaz didn't even pay the tab for their coffee service.

And it looks like they owe the DuPont chemical company
over half a million dollars.

Here's a partial (!) list of who else Diaz owes money to,
and how much Diaz owes them:

These documents submitted to bankruptcy court carry the
signatures of Diaz secretary, Clifton
E. Jenney. His stated compensation is indicated as
$7,500 per month ($90,000 per year) plus $10,000 for serving as a company
director (Section 23, Distributions by a Corporation).

Personally, I
think Diaz should have at least paid off Frank's Vacuum Truck Company. But
no. Diaz found five grand
to pay their bankruptcy attorneys IN ADVANCE (bankruptcy attorneys weren't
born yesterday), as "Disclosure of Compensation of Attorney for
Debtors" indicates. And yet Diaz evidently could not quite manage to pay
Holley's VP Supply, just down the way, the $130.00 Diaz owes them. Or even
Holley's own Stockham Lumber, Diaz's next-door
neighbor, the twenty bucks Diaz owes them.

THERE ARE NOW OTHER
LAWSUITS AGAINST DIAZ

In addition to the civil
lawsuit filed by 173 Holley residents, Diaz also lists the following lawsuits
against them:

NYSAG on behalf of NY DEC
v. Diaz;

McFadden v. Diaz, an
"employment discrimination" suit; and

Boarhead Farms PRP Group v. Diaz, over
"site clean up expense."

I said it over a year ago
and I will say it again: DEADBEAT DIAZ took the profits at everyone else's
expense, whether health, safety or financial.

I think the next lawsuit
may come from DuPont, who might just take a burn that Diaz's bosses
conveniently have another company ("Diaz Intermediates"), and what
I believe are personal lifestyles of the rich and famous. The DuPonts might just bring a court case for their $515,000.

And let's not forget that
unpaid EPA fine of over 23 grand.

As for Frank's Vacuum
Truck Service, I hope he gets paid, too.

DIAZ CHEMICAL
CORPORATION
of Holley, NY OPERATED UNLAWFULLY FOR YEARS. The Village of Holley,
the New YorkState Dept. of Environmental Conservation,
the NY State Health Dept. and the US Environmental Protection
Agency did virtually nothing to stop it.

Until, finally:

Holley to take Diaz to task over emission levels

by
Meaghan M. McDermott, Rochester, NY Democrat and Chronicle

(December 14, 2002) — HOLLEY — The village of Holley has asked its attorney
to crack down on Diaz Chemical Corp. for discharging higher levels of some
chemicals into waste water than its industrial-use permit allows.

In a resolution passed unanimously Monday, the Village Board authorized
attorney John Sansone to “take whatever steps
necessary to investigate, and enforce, the terms of the ... permit on behalf
of the village
of Holley.”

Mayor Dan Schiavone said those actions could
include fines or litigation. He said officials want Diaz to keep its
emissions of iron, copper and phenols within legal parameters. “Any
contaminants we cannot filter out in treatment could spill into SandyCreek,” he said, adding that the
village could then be liable.

The state Department of Environmental Conservation issues a creek
pollution-limit permit to the village. The village in turn issues permits to
companies allowing them a portion of the total allotment of discharge levels.

Schiavone said he addressed the problem with Diaz
in May, but an excessive release of phenols in August spurred the village to
take a hard-line stance.

Phenols are weak acetic chemical compounds sometimes used in disinfectants,
antiseptics, cosmetics and pharmaceuticals. High concentrations of some
phenols can be toxic. Some phenols are also known as antioxidants and are
naturally found in foods such as tea, coffee, olives, cranberries and
chocolate.

Diaz Environmental Manager Ron Reid said the company does occasionally exceed
the monthly limits set by the permit.

Reid said the wastewater comes from driveways, walkways, daily rinse-downs
and “condensate” collected in floor drains.

Reid added that the company takes each violation seriously and whenever it
identifies excessive compounds in its wastewater, it takes steps to correct
the problem. Reid also said Diaz has caused no damage to SandyCreek.

Diaz, which has been in Holley since 1974, has been under fire since Jan. 5,
when a pressure buildup in a chemical storage tank blew a relief valve open,
spewing 75 gallons of steam, toluene and little-known compound
2-chloro-6-fluorophenol into the air.

Company officials have apologized for the spill and maintain that CFP -- a
compound used by the pharmaceutical industry -- is not harmful.

Schiavone said his goal is not to shut Diaz down.

“They (Diaz) do have a good track record with providing scholarships, helping
to build playgrounds and donating expensive equipment to the fire
departments. But I don’t think the community should tolerate pollution.”
(end)

DIAZ LAWBREAKING: A
SUMMARY

July 1997: Diaz dumps double the lawful amount of IRON; greatly exceeds its
permit for DISSOLVED SOLIDS; and dumps FOUR AND ONE HALF TIMES the legal
limit for PHENOLS into Holley sewers.

August 1997: Diaz dumped TEN TIMES (1,000%) the legal limit of PHENOLS into
Holley village sewers.

December 1997: Diaz puts EIGHTY TIMES (8,000%) the legal limit of the heavy
metal MOLYBDENUM into Holley sewers.

March, 1998: Diaz puts ONE HUNDRED TIMES (10,000%) the legal limit of the
heavy metal MOLYBDENUM into Holley sewers.

October, 2001: Diaz exceeds legal limit for releasing IRON, AND Diaz dumps
TWO AND ONE HALF TIMES (250%) the legal limit of PHENOLS into Holley sewers.

(Source: Industrial User
Wastewater Permit Monthly Reports, available on request from the Village of Holley, NY.)

Remember: This tally does not even include their 17 violations in the year 2002,
for which they were recently fined $17,000. It also does not include their
wastewater lawbreaking prior to July 1997, nor does it include DIAZ's dangerous releases into soil or air that happen
continually.

CONTINUAL ILLEGAL OPERATION AT DIAZ

Do not let any of Diaz's most vocal Li-az try to
tell you that the pollution permit violations are not really lawbreaking.
Diaz's Environmental Manager Ronald J. Reid and also Diaz Vice President for
Operations Gregory C. Goodridgeboth signed
a letter dated January 26, 1996 acknowledging the requirements of the "Village of Holley Sewer Use Law."

That word again: Law.

A law is a law. Breaking a law is illegal. Repeatedly breaking the law is
repeated illegality. The NY State Attorney General is suing Diaz for "repeated
illegality." CLICK HERE TO READ the Attorney General's case against Diaz.

LATE ONE NIGHT, a
chemical plant had an accident. "It was right next to a large community. It happened
at night; everybody was there. There was no warning. And when this accident
happened, the people in the plant ran the other way, and didn’t warn
anybody." (Charles Perrow, PhD, author of
"Normal Accidents: Living with High Risk Technologies.")

These are actual quotes about
a chemical disaster you may have heard of. No, this particular one was Union
Carbide in India,
not Diaz in Holley.

But it sure sounds
familiar.

Especially that part
about how they "didn’t warn anybody." The 911 tapes and other
records clearly show that Diaz played down the disaster they caused. And
there is no better word than "disaster" to describe what happens
when an explosion at a chemical plant that coats an entire neighborhood with
smelly poison, forcing residents to leave their homes for nearly a full year.
The United States EPA agrees; that’s why they and the nation’s taxpayers (and
NOT Diaz, who has STILL not even paid their local taxes) have been footing
the bill for the relocation of displaced Holley families.

When Ralph Nader commented on Bhopal,
he focused on the "very sloppy operation of the plant. First of all, it
shouldn’t have been positioned and sited in that area. You put that in a more
remote area. Basically, it was negligence up and down the line."

Just like Diaz Chemical
Corporation in Holley.

In the Union Carbide
accident in India,
thousands died instantly while they slept. At least no one in Holley has
died, thank heaven. At least so far. But the millennium is young, and so are
many of the children who have breathed 2-chloro, 6-fluorophenol while in
their yards, their beds and cribs, and at their school bus stop. The most
detailed and most up-to-date official assessment by our state and federal
authorities clearly states that there IS a continuing risk of health
problems, including cancer, for Holley residents. The risk is "very low
to low," their report says.

But who knows for sure,
especially long-term? A rule in toxicology is that low doses of a poison over
a long period of time are often just as bad as high doses over a short time.
THERE IS NO SUCH THING AS A "SAFE" OR "ACCEPTABLE" CANCER
RISK. NEVER.

Just because we were
luckier than Bhopal
does not mean that luck can protect Holley from the tons of toxins DIAZ plays
with while we sleep. And there they are, still cooking up their contaminants
on Jackson Street.

"The more complex
the (chemical manufacturing) system, the more likely an unforeseen
interaction of small failures will cause a disaster. And this is to be
feared. For the first time in history, engineers can wipe out whole cities by
mistake." (Dean Vallas, "Engineering
Disasters")

Residential areas are no
place for chemical plants. Never have been; never will be.

DI-AZ LI-AZ YOU HAVE SO
FREQUENTLY HEARD

"Diaz has given so
much back to the community, especially the Holley Schools."

Yeah, right. There can be
no possible price on the long-term health dangers that Diaz pollution
inflicts on the children of Holley. Scholarships to some on the one hand do
not buy the right to hurt all kids with the other hand. But wait: there’s
more.

DEADBEAT DIAZ DOES NOT
PAY SCHOOL TAXES

It’s true: Diaz has not
even paid its school tax.

According to official
records at the Orleans County Treasurer’s Office, as of Dec 12, DIAZ OWES AT
LEAST $27,464.26 IN UNPAID, OVERDUE HOLLEY SCHOOL TAXES and penalties. And
this is just on DIAZ property in the village, and does not include other Diaz
real estate holdings in our area. (Example: Did you know that, until very
recently, DIAZ owned many acres of land in the town of Byron? There’s more, folks, much more than
the Jackson Street
property at issue here.)

This holiday season,
let’s all chip in and rent Diaz boss Clifford Jenney
a U-Haul. But first, Cliff, there is a not-so-small ADDITIONAL matter of
$15,195.58 that Diaz owes the Village
of Holley in unpaid,
overdue VILLAGE taxes. And don’t forget to add on $1,367.60 in penalties with
that.

So the total that DIAZ
owes the taxpayers and children of Holley is over $44,027.44. And it is
MONTHS past due.

"WHEREAS...Diaz
Chemical Company appears to be in violation of the terms of the (Village's
Industrial Use) permit; and

"WHEREAS...efforts
have been made in the past to amicably discuss, and resolve, alleged permit
violations to no avail;

"NOW, THEREFORE, BE
IT RESOLVED that the Village Attorney (John Sansone)
is hereby authorized to take whatever steps necessary to investigate, and
enforce, the terms of the aforesaid permit on behalf of the Village of Holley."

This is, to my knowledge,
the first time in 28 years that our local government has acted against Diaz's
polluting our village. Thanks to Mayor Schiavone
and the Trustees for this important decision.

DIAZ EMPLOYEE GOES IN
FRONT OF TOWN OF MURRAY COURT ON CRIMINAL HARASSMENT CHARGES, January 29,
2003, probably 7 PM.

AND: The $60 million
civil suit by 173 residents against Diaz is now in Federal court. And we will
win.

ATTORNEY GENERAL GETS
RESTRAINING ORDER to stop DIAZ from sneaking any more of their factory's
equipment out of town. The rumors evidently were true: DIAZ was seen trucking
its equipment out of its beleaguered plant in Holley, NY,
presumably to its other facility down south. (One or more of the truck
drivers talked and confirmed that, yes, they were going to the DIAZ Arkansas
plant..) Many think this is to try avoid asset seizure after DIAZ loses the lawsuits pending
against the company. Assistant Attorney General Linda White got the
restraining order from Judge Punch, Orleans County Supreme Court, on Tuesday,
October 15. The judge granted the request as written and immediately.

WHERE WAS DIAZ TRYING TO
TAKE ITS ASSETS?
Most likely to Diaz Intermediates Corporation, sources say, its other
manufacturing facility in West
Memphis, Arkansas.

What do they do there?
According to DIAZ' own website
( http://www.diazchem.com/background.htm, or at least until they try to
hide that, too) the Arkansas
plant "has been designed for large-scale Brominations
and other operations similar to those carried out in Holley."
There they make Bromobenzene, para-Dibromobenzene,
1,2,4-Tribromobenzene, n-Butylbromide,
and n-Propylbromide. What a joy for children living
in West Memphis!

1) WHO ARE THE PRIMARY
OWNERS OF EACH COMPANY? I'll bet it's the Jenney
family in each case. If I'm wrong, please correct me. No offers so far.

2) If they are
"separate," how come DIAZ says, again at its website, that
"DIAZ manufactures several families of chemicals which are marketed both
by DIAZ and by Diaz Intermediates Corporation (DINT)."

3) However, if they are
"separate" on a technicality, can anyone fail to see why the
Attorney General and a judge agreed to a restraining order to stop DIAZ from
moving its equipment from Holley down to Arkansas?

Believe it or not, DIAZ
has refused to comply with NY Attorney General's repeated demands for the
company's financial records and documents. DIAZ attorney cites
"proprietary information that could be used by competitors" as
reason. (Rochester, NY "R-News," Sept 30,
2002) The Attorney General's investigation of DIAZ was therefore
stepped up.

DIAZ REPEATEDLY BREAKS
THE LAW

Official documents
confirm DIAZ Chemical Company violating
pollution laws most months of the year 2002.

May, 2002: DIAZ dumps
over 700% more than the legal limit of PHENOLS into village sewers.

April, 2002: DIAZ maximum
pollution flow limit exceeded

March, 2002: DIAZ flushes
33% more waste copper than the law allows.

February, 2002: DIAZ
dumps 500% over the legal limit of PHENOLS into village sewers.

(Source: Industrial User
Wastewater Permit Monthly Reports, available from the Village of Holley
offices.)

DIAZ CHEMICAL SUES THE
OWNER OF THIS WEBSITE. In papers filed, DIAZ seeks to silence Andrew
Saul's criticisms of their company, even though the state's Attorney General
has stated in court that DIAZ engages in "repeated
illegal acts and persistent illegality" and has been termed a
"Public Nuisance" that carries on "abnormally dangerous
activities." Saul has been one among many citizens involved in the DIAZ
DANGERS Newsletter. Here is the complete text of two of the specific
Newsletters that DIAZ takes such exception to:

**BREAKING NEWS!** DEADBEAT DIAZ
DIAZ owes over $10,000 in hotel bills and refuses
to pay them, according to a meeting called by Ralph Dollinger,
owner of the Holiday Inn Express in Brockport. This is has been
"home" for chemically-flushed-out residents of Holley, who have
been reluctantly living there now for MONTHS. DIAZ, which has been court
ordered to pay for displaced residents' housing, is probably in contempt of
court. And so to the DIAZ bosses who write, or in this case won't write, the
checks. Such as Cliff "Luxury Red Convertible" Jenney,
who has been spotted zipping through Holley in a new, flashy, expensive
automobile. Cliff's company says they don't have the money. Where did it go,
Cliff? Your company boasts over $15 million a year in sales. Man, that's a
lot of convertibles, even ritzy ones like BMW's.

"Good Neighbor" Diaz
is trying to welch on even providing
out-of-the-rain shelter for the people it poisons. Fortunately, Assistant
Attorney General Linda White is a law enforcement officer who is right on the
ball. All have been impressed with her prompt and appropriate actions to put
an end to chemical EXPLOSIONS at DIAZ's Jackson
Street hazardous waste dump, that puts SO MUCH BACK INTO THE COMMUNITY.
Everything but compensation for victims, that is. Shame on you, Mr. Jenney.

DIAZ TO BE DRAGGED INTO COURT
AGAIN by the Assistant Attorney General, in order to reinstate Alex Hinkley's right to shelter while his house is
decontaminated, or sold. And it is not certain if either are even possible at
this point. The trial is scheduled for May 24th, Orleans County Court (in the old ArnoldGregoryHospital) in Albion, NY
at 2:30 PM. All are welcome. Be sure to be early for a good seat.

SCHOLARSHIPS ARE BEING FUNDED
RIGHT AND LEFT by Holley business people and private citizens. Hundreds of
little trees for Arbor Day: PAID FOR by donations, without a cent from DIAZ.
DARE T-shirts for drug prevention: PAID FOR by donations, without a cent from
DIAZ. And more scholarships are coming, but often quietly. That's because
many a person in Holley knows that in giving, you are not to let your right
hand know what your left is doing. THANK YOU TO ALL who have already come
forward quickly, and without fanfare, to REALLY give back to the community.
We can now see just who our "good neighbors" truly are, . . . and in the case of DIAZ, aren't.

MAYOR SCHIAVONE GETS NY STATE
DEPARTMENT OF HEALTH TO OFFER URINE TESTING TO ALL WHO WANT IT. Mayor Schiavone writes, "I have been able to get the DOH
to offer urine testing for CFP to anyone who lives or works within the
Village. They will be at the Village office from Noon until 8pm, Tuesday May
21 to hand out collection kits. They will be back the next day to collect t
he samples (early morning and PM hours will be available, times to be
announced). "I encourage everyone to get tested. This may be your final
chance." Thank you, Mr. Mayor.

(AND ALSO: )DIAZ DANGERS NEWSLETTER Number 19
(April 18, 2002)

HOLLEY MAYOR SCHIAVONE SUES DIAZ
CHEMICAL

A LAWSUIT WAS COMMENCED TONIGHT,
April 18, and entered in Town of Murray Court to compel DIAZ to pay for
chemical damage to Mayor Schiavone's personal
automobile, which was downwind of and damaged by 2-Chloro, 6-Fluorophenol
(and who knows which of dozens of other chemicals) emitted by the explosion
at Diaz on the night of Jan 5, 2002. Mayor Schiavone
is seeking to make DIAZ pay the $2,200 that he had to spend to have his car
repainted. DIAZ representatives had previously said they would pay for
the repainting, but after it was done tried the oldest sneaky legal trick in
the book. They handed the mayor a four-page document to sign, releasing
DIAZ from ALL claims of ANY kind at ANY time, past present and future, for
ever and ever.

Our mayor did not fall for that
one, though, and refused to sign. So DIAZ refused to pay.

And this is how they treat our
top elected official? Can you believe the arrogance?

Of course, this is the same DIAZ
Chemical that has essentially said that the Attorney General of New YorkState, Elliot Spitzer, is deluded.
That's because the Attorney General's own statewide lawsuit against DIAZ says
that the chemical company has had a number of EXPLOSIONS at their now
infamous Jackson Street
plant (and OrleansCounty's #1 hazardous
waste site).

Which
is, of course, true.

But a couple of weeks ago, DIAZ underboss Wally Sanford told the Batavia Daily News that there have been no
explosions at DIAZ. Those were just "pressure releases."
You're a good company man, Mr. Sanford. You go right ahead and try to
tell the world that the highest law enforcement officer in the EmpireState is a liar.

Note to Wally: one of your most
recent "pressure releases" trashed our mayor's car, and your
company doesn't seem to want to take responsibility for fixing it. Your
company tries to punish the village's children by stopping their
scholarships. You fire your own workers, but DIAZ bosses still have THEIR
jobs.

Everyone can clearly see why
this company simply must be taken to court. Judges and juries have the power
to curb DIAZ once and for all. DIAZ's
strategy in years past has been to handle complaints and claims one at a
time, and always keep it quiet, private, and out of court.

This "divide and
conquer" approach might have worked then, but no longer. The people of Holley, NY
have seen the light, and DIAZ is going to see yet another judge.(end of
Newsletters)

MORE ABOUT DIAZ:

NY Attorney General
Sues DIAZ CHEMICAL for "repeated illegal acts and persistent
illegality." DIAZ termed a "Public Nuisance" that carries on
"abnormally dangerous activities." These are the words of the
highest law enforcement officer in the State of New York.CLICK HERE TO READNew York
State's complete March 8, 2002 complaint as filed in court. (This is
not the civil lawsuit, but a separate action by the Attorney General and the
NY Department of Environmental Conservation against Diaz for repeatedly
breaking the law and endangering citizens.)

DIAZ CHEMICAL LOSES IN
COURT
In July, a judgment was entered against DIAZ by a Town of Murray judge,
ordering DIAZ to pay damages to Holley Mayor Daniel Schiavone.
DIAZ's explosion-released chemicals did over $2,000
of damage to the mayor's car. DIAZ, once it was forced to, finally paid the
bill.

DIAZ violates judge's
court order requiring that they provide and pay for housing for the people
driven from their homes by DIAZ's illegal release
of smelly 2, chloro 6, fluorophenol.
DIAZ, with over $15 million/year in sales, says they have no money. (Rochester, NY:
May 14, 2002)

DIAZ TOXIC CHEMICALS
ENDANGER CHILDREN IN HOLLEY, NY
All the Holley Public Schools are located less than one mile from one of the
most dangerous chemical plants in the Northeastern USA,
the Diaz Chemical Corporation. If there is a significant accident at the
plant, and the wind blows from the south, hundreds and hundreds of children
at school will have only minutes to live. If you think this is an exaggeration,
scroll down this page and read more.

An explosion at Diaz
Chemical Company released over 80 gallons of a mixture containing 2-Chloro,
6-Fluoro Phenol (plus other chemicals) into our air late Saturday night,
Jan 5, 2002. Many houses were literally sprayed with this smelly poison. Some
residents have had to leave their homes now for nearly NINE MONTHS.

What do we know about
2-Chloro-6-Fluoro Phenol?
Not enough, but we’re going to find out, because, now, we are a village of
guinea pigs.

We DO know that
2-Chloro-6-Fluoro Phenol does NOT belong in our air, or in our ground water,
or in our yards, or in our houses. It does not belong in your house, on
your car, in your carpet, or in your family's lungs. BUT IT IS THERE
ALL THE SAME, THANKS TO DIAZ CHEMICAL CORPORATION, 40 Jackson Street, Hamlin,
NY14464.
Phone: 716-638-6321. FAX: 716-638-8356, .

2-chloro-Phenol is not a
safe substance. It is classified as "CHEMICAL WASTE PROHIBITED FROM
DRAIN DISPOSAL." Toluene is also prohibited. (From: Chemical List date:
May 13, 2001 , Oregon Health and ScienceUniversity)

BUT DIAZ CHEMICAL
COMPANY QUIETLY RELEASED BOTH OF THESE HARMFUL CHEMICALS INTO THE AIR OUR FAMILIES BREATHE, WHILE WE SLEPT ON SATURDAY NIGHT,
January 5, 2002.

Holley has a higher than
average number of children with special education needs and leaning
disabilities. What role does Diaz have in this? IF DIAZ CHEMICALS HURT
OUR CHILDREN'S ABILITY TO LEARN, A FEW SCHOLARSHIPS
IS SIMPLY NOT ENOUGH! Not by a long shot.

WHAT ABOUT THAT SIREN
that is supposed to warn us of a chemical accident at the Diaz plant?
IT NEVER SOUNDED. WHY NOT?

Why weren't village
residents evacuated, or at least notified, about this chemical release
until AFTER you breathed it, AFTER it got all over your house and lawn, and
AFTER you saw it on the TV news?

Diaz does not even know
the long-term effects of 2-Chloro-6-Fluoro
Phenol. Yet they make it, and spill it, and YOU find out a day or two later…
when you watch the TV news.

DIAZ profits while
polluting our homes.

Read for yourself
(further down this page) the health hazards of the CHEMICALS DIAZ HAS USED BY THE TON: Benzene, Sodium Hydroxide
("DRANO"),Toluene, 2-Chloro 6-Fluoro Phenol, and BROMINE.
These are all extremely dangerous poisons.

DIAZ CHEMICAL CORPORATION
must be held to a MUCH higher safety standard. This is our village, our
air, and our water. We are all in this together.

Did you also know that:
Over two dozen photographs have been accumulated, unmistakably documenting
that large tractor-trailer trucks and CHEMICAL TANKERS KNOWN TO BE CARRYING
MANY TONS OF DEADLY BROMINE, and SODIUM
HYDROXIDE ("Drano"), and other caustic substances are head right
for the entrance into the Diaz chemical plant? This puts
huge toxic chemical trucks right where small children live, play, and wait
for their school bus.

BROMINE is included on
the State of California’s
list of Extremely Hazardous Waste.

AT INCREASED RISK FROM EXPOSURE:
Persons with pulmonary and respiratory disorders.

INHALATION:
CORROSIVE/TOXIC. 10 ppm Immediately Dangerous to
Life or Health.
ACUTE EXPOSURE- Exposure to 1 ppm may cause
irritation. 3.5 ppm has a detectable odor; 10 ppm is severely irritation and may be intolerable: 40-60 ppm is dangerous for brief exposures; 1000 ppm is rapidly fatal.

Inhalation of
small amounts may cause copious mucous secretion, blephritis,
coughing, rhinitis or nosebleeds, feelings of oppression, epistaxis,
vertigo, and headache. Delayed symptoms may include nausea, diarrhea and
abdominal pains. In addition, respiratory difficulty with hoarseness, asthma,
dyspnea, and crepitations
in the lungs as well as as well as generalized
vesicular, morbilliform or measles like rashes may
occur. Inhalation of high concentrations may cause inflammatory lesions of
the mucous membranes of the upper respiratory tract, fatal chemical burns, respiratory failure. The tongue and palate may appear
inflamed and edematous with a characteristic odor of the breath. Glottal
spasms and asthmatic bronchitits may occur.
Pulmonary edema, pneumonitis or pneumonia may be
delayed for several hours. A case of pneumomediastinum induced
by accidental occupational exposure was reported. The pathology of animals
exposed to 300 ppm for 3 hours showed pulmonary
edema, pseudomembranous deposit on the trachea and
bronchi, and hemorrhages of the gastric mucosa. Functional disturbances of
the central nervous system were observed in animals that died several days after
exposure.

CHRONIC EXPOSURE-
Prolonged or repeated exposure to concentrations less than 0.1 mg/m3 may
cause headache, chest pains, anorexia, indigestion, irritability and joint
pains. Persons exposed to excessive concentrations for 1 year complain of
headache, pain in the region of the heart, increasing irritability, loss of
appetite, joint pains and dyspepsia. After 5-6 years of exposure to
this level there may be loss of corneal reflexes, pharyngitis,
vegetative disorders, thyroid hyperplasia accompanied by
thyroid dysfunction and bone marrow depression. Cardiovascular
disorders may occur in the form of myocardial degeneration and hypotension.
Functional and secretory disorders of the digestive
tract may also occur. Hematologic effects may include
inhibition of leukopoiesis, leukocytosis,
moderate hypoglycemia or altered blood sugar curves, hypercholesterolemia,
reduction of total bilirubin, decreased hemoglobin concentration and
increased erythrocyte sedimentation rates.

Bromine may
be deposited in the tissues as bromides and accumulate to cause central
nervous system disorders and effects of bromism as
detailed in chronic ingestion.

SKIN CONTACT: CORROSIVE.
ACUTE EXPOSURE- Concentrated vapors may be irritating or harmful.
Direct contact with the liquid may cause a mild, cooling sensation followed
by a burning sensation. If not removed promptly redness and pain may result
with brown discoloration, vesicles, blisters, discharging pustules,
furuncles, destructive burns and deep-seated ulcers which are slow to heal
and scar. Death may occur if burns cover a large portion of the body.

EYE CONTACT: CORROSIVE.
ACUTE EXPOSURE- Vapors may cause irritation with redness, pain,
blurred vision and burns, lacrimation and
photophobia. The liquid may cause burns. Animals exposed to 180 ppm for 7 hours showed severe irritation with clouding
and ulceration of the cornea. Loss of vision is possible.
CHRONIC EXPOSURE- Effects depend on concentration and duration of
exposure. Repeated or prolonged contact with corrosive substances may result
in conjunctivitis or effects as in acute exposure.

INGESTION: CORROSIVE.
ACUTE EXPOSURE- May cause burns of the mouth, throat and stomach.
Brown discoloration and corrosion of the tongue and mucous membranes, sore
throat, vomiting, and abdominal spasm may occur. Severe gastroenteritis with
possible ulceration or perforation, prostration and circulatory collapse may
also occur. Dilute solutions may also cause fatal gastroenteritis.

BENZENE HAZARD SUMMARY
Benzene can affect you when breathed in and by passing through your
skin.
Benzene is a CARCINOGEN--HANDLE WITH EXTREME CAUTION.
Exposure can cause you to become dizzy and lightheaded. Higher levels
can cause convulsions and death.
Exposure can irritate the nose and throat and may cause an upset
stomach and vomiting.
Benzene can cause an irregular heart beat that can lead to death.
Prolonged exposure can cause fatal damage to the blood (aplastic anemia).
Benzene is a FLAMMABLE LIQUID and a FIRE HAZARD.

REASON FOR CITATION
Benzene is on the Hazardous Substance List because it is regulated by
OSHA and cited by ACGIH, DOT, NIOSH, IARC, NTP, CAG, DEP, NFPA and EPA.
It is on the Special Health Hazard Substance List because it is a
CARCINOGEN, a MUTAGEN and is FLAMMABLE.

HOW TO DETERMINE IF YOU
ARE BEING EXPOSED
Exposure to hazardous substances should be routinely evaluated. This
may include collecting air samples. Under OSHA 1910.20, you have a legal
right to obtain copies of sampling results from your employer. If you think
you are experiencing any work-related health problems, see a doctor trained
to recognize occupational diseases. Take this Fact Sheet with you.

ODOR THRESHOLD =
12.0 ppm. The odor threshold only serves as a warning of exposure. Not
smelling it does not mean you are not being
exposed.

WORKPLACE EXPOSURE LIMITS
OSHA: The legal airborne permissible exposure limit (PEL) is 1 ppm averaged over an 8-hour workshift,
and 5 ppm which should not be exceeded in any 10
minute period.
ACGIH: The recommended airborne exposure limit is 10 ppm
averaged over an 8-hour workshift.
NIOSH: The recommended airborne exposure limit is 1.0 ppm,
which should not be exceeded during any 60 minute period.

(Remember: YOU DO NOT
EVEN SMELL BENZENE UNTIL 12 PPM. Benzene can hurt you before you smell
it.)

Benzene is a
CANCER-CAUSING AGENT in humans. There may be no safe level of exposure to a
carcinogen, so all contact should be reduced to the lowest possible
level.
The above exposure limits are for air levels only. Skin contact may
also cause overexposure.

Post hazard and
warning information in the work area. In addition, as part of an ongoing
education and training effort, communicate all information on the health and
safety hazards of Benzene to potentially exposed workers.

Exposure can cause
symptoms of dizziness, lightheadedness, headaches, and vomiting. Convulsions
and coma, or sudden death from irregular heart beat, may follow high
exposures. Exposure can also irritate the eyes, nose, and throat.

Chronic Health Effects
The following chronic (long-term) health effects can occur at some time after
exposure to Benzene and can last for months or years:

Cancer Hazard
Benzene is a CARCINOGEN in humans. It has been shown to cause
leukemia.
Many scientists believe there is no safe level of exposure to a
carcinogen.

Reproductive Hazard
There is limited evidence that Benzene is a teratogen
(causes birth defects) in animals. Until further testing has been done, it
should be treated as a possible teratogen in
humans.

Other Long-Term
Effects
Repeated exposure can damage the blood-forming organs causing a
condition called aplastic anemia. This can cause
death. Long-term exposure may cause drying and scaling of the skin.

MEDICAL TESTING
Before beginning employment and at regular times after that, the following
are recommended:
Complete blood count.
Urinary Phenol (a test to see if Benzene is in the body).
Any evaluation should include a careful history of past and present symptoms
with an exam. Medical tests that look for damage already done are not a
substitute for controlling exposure.
Request copies of your medical testing. You have a legal right to this
information under OSHA 1910.20.
Workers whose clothing has been contaminated by Benzene should change
into clean clothing promptly.
Do not take contaminated work clothes home. Family members could be
exposed.
Contaminated work clothes should be laundered by individuals who have
been informed of the hazards of exposure to Benzene.
If there is the possibility of skin exposure, emergency shower
facilities should be provided.
On skin contact with Benzene, immediately wash or shower to remove the
chemical.

SPILLS AND EMERGENCIES
If Benzene is spilled or leaked, take the following steps:
Restrict persons not wearing protective
equipment from area of spill or leak until clean-up is complete. Keep
Benzene out of a confined space, such as a sewer, because of the possibility
of an explosion, unless the sewer is designed to prevent the build-up of
explosive concentrations.

It may be necessary
to contain and dispose of Benzene as a HAZARDOUS WASTE. Contact your
Department of Environmental Protection (DEP) or your regional office of the
federal Environmental Protection Agency (EPA) for specific
recommendations.

FIRST AID
Eye Contact
Immediately flush with large amounts of water for at least 15 minutes,
occasionally lifting upper and lower lids.

Environmental Impact
(One) important source is emissions associated with its production and use as
an industrial intermediate. In addition, there are discharges into water from
industrial effluents and losses during spills. If benzene is released to
soil, it will be subject to rapid volatilization near the surface and that
which does not evaporate will be highly to very highly mobile in the soil and
may leach to groundwater. …Benzene is fairly soluble in water… The primary
routes of exposure are inhalation of contaminated air… and consumption of
contaminated drinking water.
(Source: Spectrum Laboratories Inc. Ft. Lauderdale,
FL & Savannah, GA http://www.speclab.com/compound/c71432.htm )

TOLUENE was released into our air and
water and homes on Saturday night. Toluene is a harmful chemical. It is
a PAINT THINNER. Imagine what it does to
children’s lungs.

Toluene (or toluol) is an organic aromatic solvent found in paint and
some degreasing products. Toluene is a colorless liquid with a benzene-like
odor and a flash point below 73 F (class 1B flammable). Toluene can enter the
body through inhalation and exposure to high airborne concentrations and can
cause neurological impairment similar to intoxication. Skin absorption is
another way toluene can enter the body. Toluene will dissolve fats and oils
in the skin to produce drying and cracking.

All operations involving
the use of toluene shall be performed outdoors whenever
possible. In all cases, the use of toluene will require proper ventilation,
including exhaust systems as appropriate for indoor exposures.

Toluene requires
respirators with activated charcoal filters. Toluene has early warning
properties to alert respirator wearers of exposure at very low
concentrations. As soon as the odor of toluene enters the mask, cartridges
shall be replaced. Store cartridges in an airtight plastic bag to prevent the
activated charcoal from absorbing material from the room air and losing its
effectiveness.

Skin contact with toluene
should be avoided. Hands and other skin areas shall not be cleansed with
toluene. Contaminated clothing resulting from a spill or splash must be
removed. After contact, skin must be washed with soap and water or other
suitable cleaner. Eyes must be flushed with clean water for at least 15
minutes after contact, and medical attention provided.

What does it take to
get a local industry to be responsive to public safety concerns?

AN IMPORTANT NOTE:
This page is not in any way offered as prescription, diagnosis nor treatment
for any disease, illness, infirmity or physical condition. Any form of
self-treatment or alternative health program necessarily must involve an
individual's acceptance of some risk, and no one should assume
otherwise. Persons needing medical care should obtain it from a
physician. Consult your doctor before making any health decision.

Neither the author nor the
webmaster has authorized the use of their names or the use of any material
contained within in connection with the sale, promotion or advertising of any
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